Straus v Lakeside Brooklyn, LLC
Motion No: 2023-02128
Slip Opinion No: 2023 NY Slip Op 66835(U)
Decided on May 15, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M288980

AFA/

COLLEEN D. DUFFY, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2023-02128

Shira R. Straus, appellant, v Lakeside

Brooklyn, LLC, et al., respondents.

(Index No. 508923/2020)

DECISION & ORDER ON MOTION

Appeal from a purported order of the Supreme Court, Kings County, dated May 12, 2023. By order to show cause dated March 15, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no order of the Supreme Court, Kings County, dated May 12, 2023, was issued in the above-entitled action. Application by the appellant, in effect, to deem the notice of appeal to reflect that the appeal is from an order of the Supreme Court, Kings County, dated January 30, 2023.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, and the notice of appeal is deemed to reflect that the appeal is from an order of the Supreme Court, Kings County, dated January 30, 2023 (see CPLR 5520[c]); and it is further,

ORDERED that the motion to dismiss the appeal is denied.

DUFFY, J.P., CHAMBERS, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court